SUDHARSINGH Vs. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petitioner seeks quashing of the Notification dated 16.07.2014 issued under Rule 126 of the Tamil Nadu Co -operative Societies Rules, 1988.

(2.) THE petitioner's mother was appointed as Manager in -charge of Kolachel Branch of Kanyakumari District Central Co -operative Bank. A charge memo was issued to her alleging certain delinquencies. Subsequently, enquiry was conducted under Section 81 of the Tamil Nadu Co -operative Societies Act, 1983, in which there was an order directing to recover a sum of Rs. 38,14,806/ -. As against the said order, the petitioner's mother preferred an appeal in C.M.A. (CS) No. 11 of 2008 before the District Court, Kanyakumari, and after adjudication, the same was dismissed on 01.03.2013. It is stated that the petitioner's mother is hospitalised and she is suffering from acute lung problem and other medical complications. While so, the impugned notification came to be issued directing for auction of the property in question by fixing the sale as on 27.08.2014 by 11.00 a.m. It is stated that the property which is now to be for sale, was purchased by the petitioner's father's from his own source of income in 1997 and the alleged delinquencies for which enquiry under Section 81 was conducted against the petitioner's mother was pertaining to certain transactions which took place between 2002 and 2006. Therefore, it is stated that the property in question was not acquired from the funds of the mother and there is no allegation that the property was acquired by allegedly siphoning the funds of the respondent Bank. Therefore, it is stated that the property cannot be brought for auction. Under Rule 135 of the Tamil Nadu Co -operative Societies Rules, enquiry is required to be conducted in the event such objection is raised. In this regard, the petitioner has submitted his objection in person on 20.08.2014.

(3.) IN the light of the above, there will be a direction to the respondents to postpone the sale, which is scheduled to be held on 27.08.2014, hear the objection submitted by the petitioner dated 20.08.2014, and after affording opportunity of personal hearing to the petitioner, take a decision in the matter within a period of three weeks from the date of receipt of a copy of this order.